Failed to File I-751 to remove conditional residence

O

oxossi

Registered Users (C)
Hi:
I have a friend who got a notice from the INS saying he had to show up with documents proving that he is still married.
He got his conditional residence through marriage years ago, like 4 years ago, they stamped his passport to renew his conditional residence since apparently the INS made a mistake and put in his passport that he had filed the I-751, but he never did.
Now the INS realized that he never did, and called him. He is still married but they don't live together. He should have filed the I-751 years ago.
Is he out of status now? what are his options?
thanks!! :eek:
 
Actually

he went...with his wife, they had separated years ago but tried to go as a married couple, living together. Needless to say they didn't have enough documents to prove they are together still, and they gave them until Friday to come up with better docs. the interviewer didn't believe them.
I think he should come clean and say that they are not together anymore but went in the marriage in good faith. Also this kid has a degenerative disease and no family in his home country so i think he has a good chance to come clean and tell a good lawyer the whole story.
Do you think that is what he should do or stick to his story that they still live together.? Needless to say he's freaking out. I guess it is a big lesson to learn, specially since he had already conditional residence and is loosing it because of his own carelesness.
very depressing.... :(
 
But they did or did not file for the I-751? The conditional residence is just valid for 2 years.
Good luck,
 
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